Judgment MILAP CHANDRA, J. ( 1 ) THIS is a petition under Section 482, Cr. P. C. against the order of the learned Munsif, cum-Judicial Magistrate, Pipar City dated 09-09-92 by which he has refused to dismiss the complaint. ( 2 ) IT is contended by the learned counsel for the petitioner that it was obligatory on the part of the Munsif-cum-Judicial Magistrate to dismiss the complaint on 7-9-92 as on that day the complainant was not present in person. ( 3 ) IN reply, it is contended by the learned Public Prosecutor that on 7-9-92 the complaint was filed, it was not obligatory for the complainant to appear in person on that day and on the next day i. e. , 9-9-92 the complainant was present. ( 4 ) ADMITTEDLY, 7-9-92 was not the date fixed for the appearance of the accused as required under Section 256 (1), Cr. P. C. As such the provisions of Section 256, Cr. P. C. were not attracted on 7-9-92. Thus there is no substance in the petition moved under S. 482, Cr. P. C. ( 5 ) CONSEQUENTLY, the petition moved under Section 482, Cr. P. C. is dismissed. Petition dismissed.